On March 8, the Elon Law student organization, Outlaw, held a seminar titled "The Importance of Same Sex Partnership Agreements in Light of Boseman." Family law attorney Rebecca Perry discussed Boseman v. Jarrell, a recent North Carolina case that decided whether an adoption decree granting the non-parent in a same sex relationship parental rights was valid after the relationship dissolved.
On December 20, 2010, the North Carolina Supreme Court granted the plaintiff non-parent joint legal custody of the child with the biological mother although the adoption decree was held to be invalid. The court applied the best interest of the child standard to reach its decision.
Perry discussed the impact of this decision on the practice of family law in relation to same sex couples. Along with encouraging students to consider a career in family law, Perry stressed the importance of co-parenting agreements.
When it comes to same sex couples rearing a child together, Perry told students that it is necessary for the parties to “establish that this is a parent-child relationship,” in regards to the non-parent, “ and it is not temporary.” These co-parenting agreements ensure that, in the event of a separation, both parents’ and the child’s interests will be served.
By Ashley Smith, L’12